WisBusiness.com
The Department of Natural Resources will have to take another look at the cooling system We Energies wants to use for its new Oak Creek facility after a judge today ruled it needed to be considered using more stringent standards.
Todd Ambs with the Department of Natural Resources said the agency is still reviewing the ruling to determine what it means. He said the judge is clearly requiring the DNR to reissue or modify the permit for a water intake pipe that We Energies is building at the facility. It would draw in water to cool the plant and then return it to Lake Michigan. But he said the agency is unclear what the judge means by requiring that any new permit reflect “the best technology available.” Ambs said other options to cool the plant, including cooling towers, have their downsides as well.
Still, Clean Wisconsin attorney Katie Nekola said the ruling likely means the demise of the water intake pipe, which environmental groups contend would have a devastating effect on aquatic life in the lake.
“They were barely meeting the standard for an existing facility,” said Nekola, whose group sued over the pipe. “With the more stringent standards, I don’t think they can get there with this type of technology.”
But We Energies spokesman Barry McNulty said the utility plans to submit more information to the DNR supporting the intake pipe and stressed the judge did not order a halt to construction on the pipe, which is almost complete. He said the facility is about 45 percent complete overall.
We Energies and the DNR have the option to appeal the ruling. McNulty said the utility is still considering its options, including whether any design changes will be needed.
*Read the ruling:
http://www.wispolitics.com/1006/071129_WE_Order.pdf
*See the Clean Wisconsin release:
http://www.wispolitics.com/1006/071129_CW_ruling.pdf
*Read Sen. Jeff Plale’s release:
http://www.wispolitics.com/index.iml?Article=111746
